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Difference between revisions of "Child Support"
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→Getting a Child Support Order
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A parent or guardian living with a child in British Columbia who wants to get child support from someone living outside of the province has three choices: | A parent or guardian living with a child in British Columbia who wants to get child support from someone living outside of the province has three choices: | ||
#start the application process here, in British Columbia, using the provincial ''Interjurisdictional Support Orders Act'' | #start the application process here, in British Columbia, using the provincial ''Interjurisdictional Support Orders Act'', | ||
#start a court proceeding in the place where the other parent lives | #start a court proceeding in the place where the other parent lives, or, | ||
#start a court proceeding here under the ''Divorce Act'' or the ''Family Law Act'', get a child support order, and try to enforce that order in the place where the other parent lives. | #start a court proceeding here under the ''Divorce Act'' or the ''Family Law Act'', get a child support order, and try to enforce that order in the place where the other parent lives. | ||
The ''Interjurisdictional Support Orders Act'' allows a person | The ''Interjurisdictional Support Orders Act'' allows a person who lives in BC to start a process that will result in an order being made in the jurisdiction in which the other parent lives. The Applicant fills out a bunch of paperwork here, and gives it to the provincial Reciprocals Office. A staff member will forward that package to the Reciprocals Office where the other parent lives, and the court there will have a hearing, on notice to the other parent, which may result in a child support order being made. The law that will apply is the law where the other parent lives, which will not be the ''Family Law Act'' or the ''Divorce Act''. | ||
Only certain jurisdictions have agreed to the ''Interjurisdictional Support Orders Act'' process. If the place where the other parent lives hasn't made an agreement with British Columbia about child support orders, someone who wants to get a child support order will normally have to start a court proceeding in the place where the other parent lives. This will require hiring a lawyer in that country, and the law that will apply will be the laws of that country, not the ''Family Law Act'' or the ''Divorce Act''. | Only certain jurisdictions have agreed to the ''Interjurisdictional Support Orders Act'' process. If the place where the other parent lives hasn't made an agreement with British Columbia about child support orders, someone who wants to get a child support order will normally have to start a court proceeding in the place where the other parent lives. This will require hiring a lawyer in that country, and the law that will apply will be the laws of that country, not the ''Family Law Act'' or the ''Divorce Act''. | ||
